Year-End Reflections – Your Top 10 Estate Planning Questions - Part I

As the year draws to a close, I find myself thinking about the many meaningful conversations I’ve had about estate planning. It’s a topic that often brings out a mix of emotions—curiosity, concern, and even a little hesitation. But behind every question is a shared hope: to care for loved ones and create a legacy that truly reflects what matters most.

In this two-part series, I’m sharing the top ten questions I’m asked most often about estate planning. Along the way, I’ll include real-life stories (with names changed, of course) that show how personal and impactful this process can be. Whether you’ve been putting off your own plan or simply want to learn more, my hope is that these stories will inspire and empower you to take the next step.

Question #1: Do I really need an estate plan if I’m not "wealthy"?

Let me introduce you to "Layla." Layla was a middle-school teacher with a big heart and a modest home, some savings, and a rescue cat named Donny. When we first met, she hesitated. “Do I even need an estate plan?” she asked.

The truth is, estate planning isn’t about how much you have—it’s about making sure what you have goes where you want it to go. For Layla, that meant ensuring Donny would be cared for and that her family wouldn’t have to guess her wishes. But there’s another side to estate planning that’s just as important: preparing for the unexpected.

Imagine if Layla had a medical emergency and couldn’t make decisions for herself. Who would step in? Without an estate plan, there could be confusion or delays in appointing someone to handle her affairs. By including documents like a healthcare advance directive and durable power of attorney, Layla ensured that someone she trusted could make medical and financial decisions on her behalf if needed.

When I explained how even a simple plan could give her peace of mind, Layla smiled and said, “Why didn’t I do this sooner?” Estate planning is for everyone, regardless of your net worth. It’s about protecting the people (and pets!) you love and ensuring your voice is heard when it matters most.

Question #2: What happens if I don’t have a will?

This question often comes with a look of wide-eyed concern. And for good reason! If you pass away without a will, your estate is distributed according to state laws—which may not align with your wishes.

Take "Rory,” for example. Rory was single with no kids and a brother she hadn’t spoken to in years. Her closest relationship was with her best friend, “Monica,” who had been there through thick and thin. Rory assumed that without a will, Monica might still receive something. Unfortunately, that’s not how the law works.

Without a will, Rory’s estate would automatically go to her estranged sibling, bypassing Monica entirely. Rory’s story highlights the importance of taking control of your legacy. A will ensures your wishes are honored and spares your loved ones unnecessary confusion and stress. For Rory, it meant ensuring that her best friend—her chosen family—was included in her estate plan.

Question #3: What’s the difference between a will and a trust?

This is one of the most common questions I hear, and it’s often followed by, “Aren’t trusts just for rich people?” The short answer is no—trusts can be a powerful tool for families at any financial level.

Take "Ben and Michelle,” for example. After selling their family’s small business, they wanted to make sure their teenage children wouldn’t receive a windfall at 18. (Can you imagine an 18-year-old with access to a six-figure inheritance?) Through a trust, we structured distributions to support their education, milestone achievements, and even emergencies.

Additionally, while a will is a critical document, it does not bypass probate—a court process that can be time-consuming, costly, and public. A trust, on the other hand, allows assets to pass directly to beneficiaries without going through probate, offering privacy and efficiency. Trusts also offer flexibility and control, making them an excellent option for anyone wanting to protect and manage their assets thoughtfully.

Whether you’re looking to safeguard a family home or create guardrails for a larger inheritance, trusts provide peace of mind and tailored solutions. For Ben and Michelle, it meant ensuring their legacy supported their children’s future in a way that reflected their values.

Question #4: Do I need to include my stepchildren in my estate plan?

Blended families often bring up this delicate question. "Robert" had remarried and was devoted to his two biological children and his stepdaughter, Emily. After his new wife’s passing, Robert still wanted to ensure Emily was cared for as part of his family. Without a clear plan, though, Emily wouldn’t have been legally entitled to inherit anything from Robert.

And so we worked together to create a plan that reflected his love and values, ensuring all three children were treated fairly.

Whether or not you include stepchildren in your estate plan is entirely up to you, but being intentional about your choices can prevent misunderstandings and heartache later on. Estate planning gives you the opportunity to honor all your loved ones in the way that feels right to you.

Question #5: Who should I name as my executor or trustee?

This decision often feels like the hardest one for my clients. "Linda” had three adult children with very different strengths. Her oldest was organized but emotionally distant, her middle child was warm but scatterbrained, and her youngest lived overseas.

“How do I choose?” she asked, looking overwhelmed. After talking it through, Linda decided to name a neutral third-party professional to handle her estate, sparing her children from potential conflicts.

The person you choose to carry out your wishes should be trustworthy, capable, and ready to take on the responsibility. And remember, you don’t have to navigate this choice alone—I’m here to help you weigh the options and make a decision that feels right for your family.

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Stay tuned for Part 2, where I’ll answer more of your questions, including how to talk to your loved ones about estate planning and whether you need to worry about taxes. In the meantime, if you’ve been putting off your estate planning or have questions weighing on your mind, let’s connect. There’s no better time than now to create a plan that reflects your heart and your hopes for the future. Together, we can make this season one of clarity, care, and confidence.

This article is a service of Cedar Counsel. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.